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California Employment News: Creating the Report for a Workplace Investigation – Part 4 (Featured)
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The Seventh Circuit’s decision in Richards v. Eli Lilly & Co. represents the most significant shift in collective action procedure in the circuit in decades. For many years, district courts in the circuit have utilized the...more
Many businesses rely on independent contractors to stay flexible, control costs, and meet fluctuating demand, but misclassifying those workers can carry massive financial consequences. On July 17, 2025, the Fourth Circuit...more
The majority of a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit has upheld a finding that a medical staffing agency misclassified approximately 1,100 nurses as independent contractors and owed them...more
On July 1, 2025, the U.S. Court of Appeals for the Ninth Circuit, in Harrington v. Cracker Barrel Old Country Store, became the latest federal circuit to rule that the U.S. Supreme Court decision in Bristol-Meyers Squibb...more
Businesses that rely on freelancers or the “gig economy” have cause for optimism now that the Department of Labor just announced it will no longer enforce a Biden-era final rule that made it harder to classify workers as...more
On March 24, 2025, Virginia Governor Glenn Younkin signed into law S.B. 1218, which amended Virginia’s non-compete law to expand the definition of “low-wage employees” with whom employers may not enter into non-competition...more
The Seventh Circuit recently issued a significant decision in Osborn v. JAB Management Services, Inc., 126 F.4th 1250 (2025), affirming summary judgment in favor of the employer in an overtime compensation dispute under the...more
A recent decision from the U.S. Court of Appeals for the Seventh Circuit offers a welcome measure of protection for employers in overtime claims brought under the Fair Labor Standards Act. The court’s opinion highlights the...more
Welcome to this edition of the FP Snapshot on the Manufacturing Industry, where we take a quick snapshot look at a recent significant workplace law development with an emphasis on how it impacts employers in the manufacturing...more
On November 15, 2024, a federal court judge in the Eastern District of Texas vacated and set aside the Department of Labor’s (“DOL”) 2024 rule that raised the salary minimums for overtime-exempt employees under the Fair Labor...more
By now, everyone has heard about the Texas court putting the kibosh on the new salary exempt thresholds. In other exemption classification news, the United States Supreme Court is set to issue an opinion in early 2025...more
Earlier today, November 15, 2024, United States District Court Judge Sean D. Jordan of the Eastern District of Texas, granted summary judgment against the Department of Labor determining that the United States Department of...more
The Labor Department’s top lawyer announced on Tuesday that the agency would target seven specific employment-related contract provisions that she believes could discourage workers from exercising their rights under federal...more
Don't be this employer. (Allegedly.) Not long ago, I posted about an employer who won summary judgment in an FMLA case and noted five things that the employer did right, which helped it win. Sad to say, a decision came out...more
On August 29, 2024, a Seventh Circuit panel granted a midsuit request from Eli Lilly & Company to review a district court order granting collective certification to a sales representative in her age discrimination lawsuit....more
A hotel manager was recently held individually liable for violations of federal wage and hour law under a broad definition of “employer.” Although the ruling applied to a unique set of facts – including that the manager was...more
The United States Department of Labor (“DOL”), Wage and Hour Division recently issued a Field Assistance Bulletin on Artificial Intelligence and Automated Systems in the Workplace under the Fair Labor Standards Act and Other...more
Lawyers representing ride share drivers have argued for years that their clients are being misclassified as independent contractors under federal and state laws. They have attained little success, however, obtaining...more
Hot off the press – here is Littler’s mid-year report! As federal regulators, states and cities continue to pass new workplace regulations through the calendar year, we summarize each state’s notable labor and employment law...more
Many employers are scrambling to comply with the Labor Department’s new salary threshold for employees who are exempt from overtime pay under the white-collar exemptions. As the July 1 deadline for phase one rapidly...more
Seyfarth Synopsis: With the DOL’s new overtime exemption rule weeks from taking effect, employers must consider the impacts of reclassifying exempt employees. Some potential impacts are obvious, others not so much. Proactive,...more
As we have previously addressed, the U. S. Department of Labor (DOL) has issued its final rule raising salary thresholds for overtime exemptions under the federal Fair Labor Standards Act (FLSA) effective January 1, 2025. ...more
On April 29, 2024, the U.S. Department of Labor’s Wage and Hour Division released a Field Assistance Bulletin addressing the application of the Fair Labor Standards Act to use of artificial intelligence and other automated...more
As discussed in our QuickStudy of January 9, the U.S. Department of Labor has issued its long-awaited final rule setting forth its version of the test for independent contractor status under the federal Fair Labor Standards...more
It has been well over a year since the U.S. Department of Labor issued its proposed rule entitled “Employee or Independent Contractor Classification under the Fair Labor Standards Act.” The regulation was expressly intended...more